ANNEX ISupplementary provisions
(Article 1 (u) of the Regulation) Special childbirth allowances excluded from the scope of the Regulation in pursuance of Article 1 (u) A. BELGIUM Childbirth allowances B. GERMANY None C. FRANCE (a) Prenatal allowances (b) Maternity allowances under the social security code (code de la sécurité sociale) D. ITALY None E. LUXEMBOURG Childbirth allowances F. NETHERLANDS None ANNEX II (Articles 7 (2) (c) and 3 (3) of the Regulation) Provisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation - Provisions of social security conventions which do not apply to persons to whom the Regulation applies GENERAL COMMENTS 1. In so far as the provisions contained in this Annex provide for references to the provisions of other conventions, references shall be replaced by references to the corresponding provisons of this Regulation, unless the provisions of the conventions in question are themselves contained in this Annex. 2. The termination clause provided for in a social security convention, some of whose provisions are contained in this Annex shall continue to apply as regards those provisions. Provisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation (Article 7 (2) (c) of the Regulation) 1. BELGIUM - GERMANY (a) Articles 3 and 4 of the Final Protocol of 7 December 1957 to the General Convention of the same date, in the version appearing in the Supplementary Protocol of 10 November 1960; (b) Supplementary Agreement No 3 of 7 December 1957 to the General Convention of the same date, in the version appearing in the Supplementary Protocol of 10 November 1960 (payment of pensions payable in respect of the period preceding the entry into force of the General Convention). 2. BELGIUM - FRANCE (a) Articles 13, 16 and 23 of the Supplementary Agreement of 17 January 1948 to the General Convention of the same date (workers in mines and similar undertakings). (b) Exchange of Letters of 27 February 1953 (application of Article 4 (2) of the General Convention of 17 January 1948). (c) Exchange of Letters of 29 July 1953 on allowances to elderly employed persons. 3. BELGIUM - ITALY Article 29 of the Convention of 30 April 1948. 4. BELGIUM - LUXEMBOURG Articles 3, 4, 5, 6 and 7 of the Convention of 16 November 1959, in the version appearing in the Convention of 12 February 1964 (frontier workers). 5. BELGIUM - NETHERLANDS None 6. GERMANY - FRANCE (a) Article 11 (1), the second paragraph of Article 16, and Article 19 of the General Convention of 10 July 1950; (b) Article 9 of Supplementary Agreement No 1 of 10 July 1950 to the General Convention of the same date (workers in mines and similar undertakings); (c) Supplementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, in the version appearing in the added section No 2 of 18 June 1955; (d) Titles I and III of added section No 2 of 18 June 1955. (e) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date; (f) Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar). 7. GERMANY - ITALY (a) Articles 3 (2), 23 (2), 26 and 36 (3) of the Convention of 5 May 1953 (social insurance); (b) Supplementary Agreement of 12 May 1953 to the Convention of 5 May 1953 (payment of pensions payable in respect of the period preceding the entry into force of the Convention). 8. GERMANY - LUXEMBOURG Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (settlement of the dispute between Germany and Luxembourg) and Article 11 (2) (b) of the convention of 14 July 1960 (sickness and maternity benefits for persons who have opted for the application of the legislation of the country whence they come). 9. GERMANY - NETHERLANDS (a) Article 3 (2) of the Convention of 29 March 1951; (b) Articles 2 and 3 of Supplementary Agreement No 4 of 21 December 1956 to the Convention of 29 March 1951 (settlement of rights acquired under the German social security insurance scheme by Netherlands workers between 13 May 1940 and 1 September 1945). 10. FRANCE - ITALY (a) Articles 20 and 24 ot the General Convention of 31 March 1948; (b) Exchange of Letters of 3 March 1956 (sickness benefits for seasonal workers employed in agriculture). 11. FRANCE - LUXEMBOURG Articles 11 and 14 of the Supplementary Agreement of 12 November 1949 to the General Convention of the same date (workers in mines and similar undertakings). 12. FRANCE - NETHERLANDS Article 11 of the Supplementary Agreement of 1 June 1954 to the General Convention of 7 January 1950 (workers in mines and similar undertakings). 13. ITALY - LUXEMBOURG Article 18 (2) and Article 24 of the General Convention of 29 May 1951. 14. ITALY - NETHERLANDS Article 21 (2) of the General Convention of 28 October 1952. 15. LUXEMBOURG - NETHERLANDS None. Provisions of conventions which do not apply to all persons to whom the Regulation applies (Article 3 (3) of the Regulation) 1. BELGIUM - GERMANY (a) Articles 3 and 4 of the Final Protocol of 7 December 1957 to the General Convention of the same date, in the version appearing in the Supplementary Protocol of 10 November 1960; (b) Supplementary Agreement No 3 of 7 December 1957 to the General Convention of the same date, in the version appearing in the Supplementary Protocol of 10 November 1960 (payment of pensions payable in respect of the period preceding the entry into force of the General Convention). 2. BELGIUM - FRANCE (a) Exchange of Letters of 29 July 1953 on allowances to elderly employed persons; (b) Article 23 of the Supplementary Agreement of 17 January 1948 to the General Convention of the same date (workers in mines and similar undertakings); (c) Exchange of Letters of 27 February 1953 (application of Article 4 (2) of the General Convention of 17 January 1948). 3. BELGIUM - ITALY None. 4. BELGIUM - LUXEMBOURG None. 5. BELGIUM - NETHERLANDS None. 6. GERMANY - FRANCE (a) Articles 16 (2) and 19 of the General Convention of 10 July 1950; (b) Supplementary Agreement No 4 of 10 July to the General Convention of the same date, in the version appearing in the added Section No 2 of 18 June 1955; (c) Titles I and III of added Section No 2 of 18 June 1955; (d) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date; (e) Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar). 7. GERMANY - ITALY (a) Articles 3 (2) and 26 of the Convention of 5 May 1953 (social insurance); (b) The Supplementary Agreement of 12 May 1953 to the Convention of 5 May 1953 (payment of pensions payable in respect of the period preceding the entry into force of the Convention). 8. GERMANY - LUXEMBOURG Articles 4, 5, 6 and 7 of the Treaty of 11 June 1959 (settlement of the dispute between Germany and Luxembourg). 9. GERMANY - NETHERLANDS (a) Article 3 (2) of the Convention of 29 March 1951; (b) Articles 2 and 3 of Supplementary Agreement No 4 of 21 December 1956 to the Convention of 29 March 1951 (settlement of rights acquired under the German social security insurance scheme by Netherlands workers between 13 May 1940 and 1 September 1945). 10. FRANCE - ITALY (a) Articles 20 and 24 of the General Convention of 31 March 1948; (b) Exchange of Letters of 3 March 1956 (sickness benefits for seasonal workers employed in agriculture). 11. FRANCE - LUXEMBOURG None. 12. FRANCE - NETHERLANDS None. 13. ITALY - LUXEMBOURG None. 14. ITALY - NETHERLANDS None. 15. LUXEMBOURG - NETHERLANDS None. ANNEX III (Article 37 (2) of the Regulation) Legislations referred to in Article 37 (1) of the Regulation under which the amount of invalidity benefits is independent of the length of insurance periods A. BELGIUM The legislations relating to the general invalidity scheme, to the special invalidity scheme for miners and to the special scheme for mariners in the merchant navy. B. GERMANY None. C. FRANCE All legislations on invalidity insurance, except for the legislation concerning the invalidity insurance of the social security scheme for miners. D. ITALY None. E. LUXEMBOURG None. F. NETHERLANDS The law of 18 February 1966 on insurance against incapacity for work. ANNEX IV (Article 40 (3) of the Regulation) Concordance between the legislations of Member States on conditions relating to the degree of invalidity BELGIUM >TABLE POSITION> FRANCE >TABLE POSITION> ITALY >TABLE POSITION> LUXEMBOURG >TABLE POSITION> ANNEX V (Article 89 of the Regulation) Special procedures for applying the legislations of certain Member States A. BELGIUM 1. The provisions of Article 1 (a) (i) of the Regulation shall not apply to self-employed persons or to other persons receiving medical treatment under the law of 9 August 1963 on the establishment and organisation of a compulsory sickness and invalidity insurance scheme, unless they receive the same protection as employed persons in respect of such treatment. 2. For the application of the provisions of Chapters 7 and 8 of Title III of the Regulation by the competent Belgian institution, a child shall be considered to have been brought up in the Member State in whose territory he resides. 3. For the purposes of Article 46 (2) of the Regulation, old-age insurance periods completed under Belgian legislation before 1 January 1945 shall also be considered as insurance periods completed under the Belgian legislation on the general invalidity scheme and the mariners' scheme. B. GERMANY 1. (a) Where no provision is already made under German legislation for accident insurance, German institutions shall also provide compensation, in accordance with that legislation, for accidents at work (and occupational diseases) which occurred in Alsace-Lorraine before 1 January 1919, the responsibility for the cost of which has not been assumed by French institutions in pursuance of the Decision of the Council of the League of Nations of 21 June 1921 (Reichsgesetzblatt, p. 1289) where the person concerned or his survivors are residing in a Member State; (b) Article 10 of the Regulation shall not affect the provisions under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outisde that territory, do not give, rise to payment of benefits, or only give rise to payment of benefits under certain conditions, when those entitled to them reside outside the territory of the Federal Republic of Germany. 2. (a) In order to determine whether periods considered by German legislation as interrupted periods (Ausfallzeiten) or supplementary periods (Zurechnungszeiten) should be taken into account as such, compulsory contributions paid under the legislation of another Member State and insurance under the pensions' insurance scheme of another Member State shall be treated as compulsory contributions paid under German legislation and as insurance under the German pension insurance scheme. When calculating the number of calendar months which have elapsed between the date of entry into the insurance scheme and the materialisation of the risk, periods taken into consideration under the legislation of another Member State which fall between those two dates shall not be taken into account, neither shall periods during which the person concerned has been in receipt of a pension. (b) Subparagraph (a) shall not apply to the standard interrupted period (pauschale Ausfallzeit). This shall be determined exclusively on the basis of insurance periods completed in Germany. (c) The taking into account of an additional period (Zurechnungszeit) in pursuance of German legislation on pension insurance for miners shall, moreover, be subject, to the condition that the last contribution paid under German legislation was paid into the pension insurance for miners. (d) For the purpose of taking into account German substitute periods (Ersatzzeiten), only German national legislation shall apply. (e) By way of derogation from the provision laid down in subparagraph (d), the following provision shall apply to persons insured under the German pension insurance scheme who were residing in German territories under Netherlands administration during the period from 1 January 1948 to 31 July 1963; for the purpose of taking into account German substitute periods (Ersatzzeiten) within the meaning of Article 1251 (2) of the German social security law (RVO) or corresponding provisions, payment of contributions to Netherlands insurance schemes during that period shall be treated as equivalent to having been employed or having pursued an activity coming under compulsory insurance within the meaning of German legislation. 3. Where payments to be made into German sickness insurance funds are concerned, compulsory payment of the contributions referred to in Article 26 (2) of the Regulation shall be suspended until a decision is made concerning pensions claims. 4. In order to determine whether a child is receiving an orphan's pension, receipt of one of the benefits referred to in Article 78 or of another family benefit granted under French legislation for a minor residing in France shall be treated as the receipt of an orphan's pension under German legislation. 5. If application of this Regulation or of subsequent social security Regulations involves exceptional expenses for certain sickness insurance institutions, such expenses may be partially or totally reimbursed. The Federal Association of Regional Sickness Funds, in its function of liaison agency (sickness insurance) shall decide on such reimbursement by common agreement with the other Central Associations of Sickness Funds. The resources needed for effecting such reimbursements shall be provided by taxes imposed on all sickness insurance institutions in proportion to the average number of members during the preceding year, including retired persons. 6. If the competent institution for granting family benefits in accordance with Title III Chapter 7 of the Regulation is a German institution, a person compulsorily insured against the risk of unemployment or a person who, as a result of such insurance, obtains cash benefits under sickness insurance or comparable benefits shall be considered as a worker (Article 1 (a) of the Regulation). C. FRANCE 1. (a) The allowance for elderly employed persons shall be granted under the conditions laid down for French workers by French legislation, to all workers who are nationals of other Member States and who, at the time of making their claim, were residing in French territory. (b) the same shall apply to refugees and stateless persons; (c) the provisions of the Regulation shall not affect the provisions of French legislation under which only periods of work as employed persons or periods treated as such which are completed in the territories of the European departments and the overseas departments (Guadeloupe, Guiana, Martinique and Réunion) of the French Republic shall be taken into consideration for acquisition of the right to the allowance for elderly employed persons. 2. The special allowance and cumulative indemnity provided for by the special legislation for social security in the mines shall be provided only for workers employed in French mines. 3. Law No 65-655 of 10 July 1965 which grants to French nationals who are pursuing, or who have pursued, a professional or trade activity abroad the right to join the voluntary old-age insurance scheme, shall apply to nationals of other Member States under the following conditions: - the professional or trade activity giving rise to voluntary insurance under the French system should not be, or have been, pursued either on French territory or on the territory of the Member State of which the worker is a national; - the worker must produce evidence, when making his claim, either that he has resided in France for at least ten consecutive years, or that he has been continuously subject to French legislation on a compulsory or optional basis for the same length of time. 4. Within the meaning of Article 73 (3) of the Regulation, the expression 'family benefits' shall include: (a) prenatal allowances provided for in Article L 516 of the Social Security Code; (b) the family allowances provided for in Articles L 524 and L 531 of the Social Security Code; (c) the compensatory allowance for scheduled taxes provided for in Article L 532 of the Social Security Code; However, this benefit can only be paid if the wage or salary received during the period of the posting is subject to tax on income in France; (d) the single wage or salary allowance provided for in Article L 533 of the Social Security Code. D. ITALY None. E. LUXEMBOURG By way of derogation from Article 94 (2) of the Regulation, insurance periods or periods treated as such completed before 1 January 1946 under Luxembourg legislation for invalidity, old-age or death pension insurance shall only be taken into consideration for the purpose of applying this legislation to the extent that rights in the process of being acquired should be maintained until 1 January 1959 or subsequently recovered in accordance with that legislation alone, or in accordance with bilateral conventions in force or to be concluded. Where several bilateral conventions apply, the insurance periods or periods treated as such dating the farthest back shall be taken into consideration. F. NETHERLANDS 1. Sickness insurance for old-age pensioners (a) A person receiving an old-age pension under Netherlands legislation and a pension under the legislation of another Member State shall, for the purposes of Article 27 and/or 28, be considered to be entitled to benefits in kind if, taking into account Article 9 where appropriate, he satisfies the conditions required for entitlement to voluntary sickness insurance for elderly persons. (b) The contribution for voluntary sickness insurance for elderly persons shall amount, in respect of the persons concerned who are residing in one of the other Member States, to half of the average costs incurred in the Netherlands for medical treatment for an elderly person and members of his family. 2. Application of Netherlands legislation on general old-age insurance (a) Insurance periods before 1 January 1957 during which a recipient, not satisfying the conditions permitting him to have such periods treated as insurance periods, resided in the territory of the Netherlands after the age of 15 or during which, whilst residing in the territory of another Member State, he pursued an activity as an employed person in the Netherlands for an employer established in that country, shall also be considered as insurance periods completed in application of Netherlands legislation for general old-age insurance. (b) Periods to be taken into account in pursuance of subparagraph (a) above shall not be taken into account if they coincide with periods taken into account for the calculation of the pension payable under the legislation of another Member State in respect of old-age insurance. (c) As regards a married woman whose husband is entitled to a pension under Netherlands legislation on general old-age insurance, periods of the marriage preceding the date when she reached the age of sixty-five years and during which she resided in the territory of one or more Member States shall also be taken into account as insurance periods, in so far as those periods coincide with insurance periods completed by her husband under that legislation and with those to be taken into account in pursuance of subparagraph (a). (d) Periods to be taken into account in pursuance of subparagraph (c) shall not be taken into account where they coincide with periods taken into account for calculating a pension payable to the married woman in question under the old-age insurance legislation of another Member State or with periods during which she received an old-age pension in pursuance of such legislation. (e) As regards a woman who has been married and whose husband has been subject to Netherlands legislation on old-age insurance, or is deemed to have completed insurance periods in pursuance of subparagraph (a), the provisions of the two preceding subparagraphs shall apply by analogy. (f) The periods referred to in subparagraphs (a) and (c) shall only be taken into account for calculation of the old-age pension if the person concerned has resided for six years in the territory of one or more Member States after the age of fifty-nine years and for as long as that person is residing in the territory of one of those Member States. 3. Application of Netherlands legislation on general insurance for widows and orphans (a) For the purposes of Article 46 (2) of the Regulation, periods before 1 October 1959 during which the worker resided in the territory of the Netherlands after the age of fifteen years or during which, whilst residing in the territory of another Member State, he pursued an activity as an employed person in the Netherlands for an employer established in that country shall also be considered as insurance periods completed under Netherlands legislation relating to general insurance for widows and orphans. (b) Periods to be taken into account in pursuance of subparagraph (a) shall not be taken into account where they coincide with insurance periods completed under the legislation of another State in respect of survivors' pensions. 4. Application of Netherlands legislation on insurance against incapacity for work (a) For the purposes of Article 46 (2) of the Regulation, periods of paid employment and periods treated as such completed under Netherlands legislation before 1 July 1967 shall also be considered as insurance periods completed under Netherlands legislation on insurance against incapacity for work. (b) The periods to be taken into account in pursuance of subparagraph (a) shall be considered as insurance periods completed under a legislation of the type referred to in Article 37 (1) of the Regulation.